JOURNAL OF THE SENATE

EIGHTY-SEVENTH SESSION



NINTH DAY



STATE OF SOUTH DAKOTA
Senate Chamber, Pierre
Wednesday, January 25, 2012

    The Senate convened at 2:00 p.m., pursuant to adjournment, the President presiding.

    The prayer was offered by the Chaplain, Rev. John Fette, followed by the Pledge of Allegiance led by Senate pages Dacey Bryan and Thomas Tolton.

    Roll Call: All members present except Sens. Lederman and Nygaard who were excused.

APPROVAL OF THE JOURNAL

MR. PRESIDENT:

    The Committee on Legislative Procedure respectfully reports that the Secretary of the Senate has had under consideration the Senate Journal of the eighth day.

    All errors, typographical or otherwise, are duly marked in the temporary journal for correction.

    And we hereby move the adoption of the report.

Respectfully submitted,
Bob Gray, Chair

    Which motion prevailed.
REPORTS OF STANDING COMMITTEES

MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 70 and returns the same with the recommendation that said bill do pass.

Also MR. PRESIDENT:

    The Committee on Local Government respectfully reports that it has had under consideration SB 66 and 67 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Respectfully submitted,
Todd Schlekeway, Chair

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration SB 63 and 64 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration the nomination of Thomas L. Greenway of Davison County, Mitchell, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said appointment and that it be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on Transportation respectfully reports that it has had under consideration the nomination of Scott G. Stern of Hutchinson County, Freeman, South Dakota, to the South Dakota Railroad Authority and returns the same with the recommendation that the Senate advise and consent to the confirmation of said reappointment and that it be placed on the consent calendar.

Respectfully submitted,
Mike Vehle, Chair

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 69 and 72 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on Health and Human Services respectfully reports that it has had under consideration SB 23 and returns the same with the recommendation that said bill be amended as follows:

23ja

    On page 3, line 9, of the printed bill, after "Cathinone" insert "and other variations, defined as any compound, material, mixture, preparation or other product unless listed in another schedule or an approved FDA drug (e.g. buproprion, pyrovalerone), structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:

            (a)    By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substitutents;

            (b)    By substitution at the 3-position with an acyclic alkyl substituent;

            (c)    by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups or by inclusion of the 2-amino nitrogen atom in a cyclic structure.

                Some trade or other names: methcathinone, 4-methyl-N-methylcathinone (mephedrone); 3,4-methylenedioxy-N-methylcathinone (methylone); 3,4-methylenedioxypyrovalerone (MDPV); Naphthylpyrovalerone (naphyrone); 4-flouromethcathinone (flephedrone); 4-methoxymethcathinone (methedrone; Bk-PMMA); Ethcathinone (N-Ethylcathinone); 3,4-methylenedioxyethcathinone (ethylone); Beta-keto-N-methyl-3,4-benzodioxyolybutanamine (butylone); N,N-dimethylcathinone (metamfepramone); Alpha-pyrrolidinopropiophenone (alpha-PPP); 4-methoxy-alpha-pyrrolidinopropiophenone (MOPPP); 3,4-methylenedioxyalphapyrrolidinopropiophenone (MDPPP); Alpha-pyrrolidinovalerophenone (alpha-PVP); 3-fluoromethcathinone; 4'-Methyl-?-pyrrolidinobutiophenone (MPBP)".

    On page 3, line 10, overstrike everything after "(38)" .

    On page 3, line 11, overstrike "(39)".

    On page 3, line 12, overstrike "(40)" and insert "(39)".

    On page 3, line 13, overstrike "(41)" and insert "(40)".

    On page 3, line 14, overstrike "(42)" and insert "(41)".

    On page 3, line 15, overstrike "(43)" and insert "(42)".

    On page 3, line 16, overstrike "(44)" and insert "(43)".

    On page 3, line 17, overstrike "(45)" and insert "(44)".

    On page 3, delete lines 18 to 24, inclusive, and insert:

"

            (46)(45)     5-methoxy-NAN-dimethyltryptamine (5-MeO-DMT);

            (47)    5-(1,1-Dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;

            (48)    5-(1,1-Dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol;

            (49)    1-Butyl-3-(1-naphthoyl)indole;

            (46)    Synthetic cannabinoids. Any material, compound, mixture, or preparation that is not listed as a controlled substance in another schedule, is not an FDA-approved drug, and contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, and salts of isomers and homologues, unless specifically excepted, whenever the existence of these salts, isomers, homologues, and salts of isomers and homologues is possible within the specific chemical designation:

            (a)    Naphthoylindoles. Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinhyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

                Some trade or other names: JWH-015; 1-pentyl-3-(1-naphthoyl)indole (JWH-018); 1-hexyl-3-(1-naphthoyl)indole (JWH-019); 1-butyl-3-(1-naphthoyl)indole (JWH-073); 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); JWH-210; JWH-398; 1-pentyl-3-(1-naphthoyl)indole (AM-678); 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201); WIN 55-212;
            (b)    Naphthylmethylindoles. Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;

            (c)    Phenylacetylindoles. Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

                Some trade or other names: 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18); 1-cyclohexylethyl-3-(2-methoxyphenylacetyl)indole (RCS-8); 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203);

            (d)    Benzoylindoles. Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent.

                Some trade or other names: 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19); Pravadoline (WIN 48,098); 1-pentyl-3-[(4-methoxy)-benzoyl]indole (RCS-4);

            (e)    Naphthoylpyrroles. Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent.

                Some trade or other names: JWH-307;

            (f)    Naphthylmethylindenes. Any compound containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent;
            (g)    Cyclohexylphenols. Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl, or 2-(4-morpholinyl)ethyl group, whether or not substituted in the cyclohexyl ring to any extent.

                Some trade or other names: 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47, 497 and homologues, which includes C8); cannabicyclohexanol;

            (h)    (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) 6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol. Some trade or other names: HU-210;

            (i)    2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1-napthalenylmethanone. Some trade or other names: WIN 55, 212-2;

            (47)    6,7-dihydro-5H-indeno-(5,6-d)-1,3-dioxol-6-amine) (MDAI);

            (48)    2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);

            (49)    2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);

            (50)    2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);

            (51)    2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);

            (52)    2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-2);

            (53)    2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4);

            (54)    2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);

            (55)    2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N); and

            (56)    2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P)".

    On page 4, delete lines 1 to 5, inclusive, and insert:

"

            (50)    1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole; and

            (51)    1-Pentyl-3-(1-naphthoyl)indole."

    On page 7, delete line 20, and insert:
"
            (46)    Ezogabine,[N-[2-amino-4-(4-fluorobenzylamino)-phenyl]-carbamic acid ethyl ester],".

    And that as so amended said bill do pass.

Respectfully submitted,
Jean M. Hunhoff, Chair

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 71 and HB 1048 and returns the same with the recommendation that said bills do pass.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration HB 1016 and 1024 and returns the same with the recommendation that said bills do pass and be placed on the consent calendar.

Also MR. PRESIDENT:

    The Committee on State Affairs respectfully reports that it has had under consideration SB 59 which was deferred to the 41st Legislative Day.

Respectfully submitted,
Larry Rhoden, Chair

MESSAGES FROM THE HOUSE

MR. PRESIDENT:

    I have the honor to transmit herewith HB 1007, 1028, 1034, 1049, 1056, 1058, 1060, 1061, 1062, and 1069 and HJR 1001 and 1002 which have passed the House and your favorable consideration is respectfully requested.

Also MR. PRESIDENT:

    I have the honor to transmit herewith HCR 1002 and 1003 which have been adopted by the House and your concurrence is respectfully requested.

Respectfully,
Karen Gerdes, Chief Clerk

MOTIONS AND RESOLUTIONS

    Sen. Olson moved that when we adjourn today, we adjourn to convene at 1:30 p.m. on Thursday, January 26, the 10th legislative day.

    Which motion prevailed.

    HCR 1002: A CONCURRENT RESOLUTION, Urging Congress and the South Dakota congressional delegation to support federal legislation to protect the United States Postal Service.

    Was read the first time, the President waived the referral to committee, and placed HCR 1002 on the calendar of Thursday, January 26, the 10th legislative day.

    HCR 1003: A CONCURRENT RESOLUTION, Encouraging South Dakota hospitals with maternity care services to become Baby Friendly by implementing the Ten Steps to Successful Breastfeeding.

    Was read the first time, the President waived the referral to committee, and placed HCR 1003 on the calendar of Thursday, January 26, the 10th legislative day.

FIRST READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 148 Introduced by: Senators Rave, Cutler, Holien, and Tieszen and Representatives Hunt, Gosch, Lust, and Turbiville

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to battery committed against infants and unborn children.

    Was read the first time and referred to the Committee on Judiciary.

    SB 149 Introduced by: Senators Cutler, Buhl, Haverly, Kraus, Krebs, Novstrup (Al), Peters, and Vehle and Representatives Novstrup (David), Blake, Conzet, Elliott, Hansen (Jon), Kirkeby, and Stricherz

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to the conditional release of persons charged with domestic abuse.

    Was read the first time and referred to the Committee on Judiciary.

    SB 150 Introduced by: Senators Begalka and Bradford and Representatives Sigdestad and Nelson (Stace)

    FOR AN ACT ENTITLED, An Act to authorize counties and townships to permit fencing within the rights-of-way of certain minimum maintenance roads.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    SB 151 Introduced by: Senators Sutton, Bradford, Buhl, Frerichs, and Hundstad and Representatives Fargen, Blake, Dennert, Gibson, Hunhoff (Bernie), Kloucek, Lucas, and Wismer

    FOR AN ACT ENTITLED, An Act to provide a time period before certain action on the general appropriation bill may commence.

    Was read the first time and referred to the Committee on Appropriations.

    SB 152 Introduced by: Senator Sutton and Representative Kloucek

    FOR AN ACT ENTITLED, An Act to provide for a study of the feasibility of establishing a state-owned equine processing facility and to make an appropriation therefor.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    SB 153 Introduced by: Senators Sutton, Begalka, Bradford, Brown, Buhl, Frerichs, Hundstad, Juhnke, Lederman, Maher, Olson (Russell), Putnam, Rampelberg, and Rhoden and Representatives Olson (Betty), Fargen, Hickey, Jones, Moser, Tulson, and Venner

    FOR AN ACT ENTITLED, An Act to authorize the transfer of certain landowner preference big game licenses.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.


    SB 154 Introduced by: Senators Schlekeway, Fryslie, Lederman, Novstrup (Al), Tieszen, and Vehle and Representatives Sly, Abdallah, Bolin, Conzet, Hansen (Jon), Hickey, Hoffman, Hunt, Moser, Wick, and Willadsen

    FOR AN ACT ENTITLED, An Act to revise certain statutes pertaining to persons required to report child abuse and neglect.

    Was read the first time and referred to the Committee on Health and Human Services.

    SB 155 Introduced by: Senators Tieszen, Kraus, and Rampelberg and Representatives Hoffman, Elliott, Haggar, Kopp, Liss, Magstadt, Nelson (Stace), Olson (Betty), Schaefer, Van Gerpen, and Verchio

    FOR AN ACT ENTITLED, An Act to prohibit the employment of unauthorized aliens and to provide penalties therefor.

    Was read the first time and referred to the Committee on Commerce and Energy.

    SB 156 Introduced by: Senators Tieszen, Cutler, Holien, and Rave and Representatives Lust, Cronin, Gibson, Hoffman, Moser, Sly, Turbiville, and Wick

    FOR AN ACT ENTITLED, An Act to establish strangulation as one element of the crime of aggravated assault.

    Was read the first time and referred to the Committee on Judiciary.

    SB 157 Introduced by: Senators Olson (Russell), Frerichs, Gray, Hansen (Tom), Heineman, Hundstad, Krebs, Nygaard, Peters, Rave, Schlekeway, and Tidemann and Representatives Rausch, Boomgarden, Carson, Cronin, Fargen, Hawley, Hoffman, Moser, Novstrup (David), Perry, Tulson, Verchio, Wick, and Willadsen

    FOR AN ACT ENTITLED, An Act to revise certain provisions relating to outdoor advertising signs.

    Was read the first time and referred to the Committee on Commerce and Energy.

    SB 158 Introduced by: Senators Juhnke, Maher, Nygaard, Rampelberg, and Rave and Representatives Perry, Cronin, Fargen, Solum, and Street

    FOR AN ACT ENTITLED, An Act to create an exception to the loan or credit limitations of state chartered banks.

    Was read the first time and referred to the Committee on Commerce and Energy.


    SB 159 Introduced by: Senators Bradford, Buhl, Frerichs, Juhnke, Maher, and Sutton and Representatives Killer, Brunner, Fargen, Iron Cloud III, Lucas, Russell, Schrempp, Sigdestad, Stricherz, and Wismer

    FOR AN ACT ENTITLED, An Act to authorize funding for certain tribal colleges to defray certain costs associated with educating nonbeneficiary students at tribal colleges and to make an appropriation therefor.

    Was read the first time and referred to the Committee on Appropriations.

    SB 160 Introduced by: Senators Novstrup (Al), Brown, Fryslie, Heineman, and Kraus and Representatives Cronin, Hoffman, Moser, Novstrup (David), Tulson, and Wick

    FOR AN ACT ENTITLED, An Act to create the North Central Water Development District, to provide for the appointment of the board of directors, to establish certain property tax levy limitations, and to revise the boundaries of the James River Water Development District.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    SB 161 Introduced by: Senators Novstrup (Al), Brown, Frerichs, Fryslie, and Heineman and Representatives Hoffman, Feickert, and Tulson

    FOR AN ACT ENTITLED, An Act to revise certain provisions concerning public meetings held by teleconference or videoconference.

    Was read the first time and referred to the Committee on State Affairs.

    SB 162 Introduced by: Senators Tidemann, Brown, Frerichs, Gray, Hansen (Tom), Haverly, Heineman, Hunhoff (Jean), Johnston, Olson (Russell), Peters, Rave, and Rhoden and Representatives Sly, Boomgarden, Conzet, Cronin, Dryden, Hawley, Kirkeby, Moser, Munsterman, Perry, Street, Vanneman, Wick, Willadsen, and Wismer

    FOR AN ACT ENTITLED, An Act to create certified technology parks and to provide certain financing mechanisms and bonding authority to enhance knowledge and tech-based economic development and to repeal certain provisions concerning certified technology parks.

    Was read the first time and referred to the Committee on State Affairs.

    SB 163 Introduced by: Senators Tidemann, Adelstein, Buhl, Cutler, and Hunhoff (Jean) and Representatives Turbiville, Abdallah, Blake, Hawley, Hickey, Lucas, Miller, Moser, Munsterman, and Wismer

    FOR AN ACT ENTITLED, An Act to provide safety provisions by requiring registration of certain family day care facilities, to establish notification and reporting requirements for violations, and to provide penalties therefor.

    Was read the first time and referred to the Committee on Health and Human Services.

    SB 164 Introduced by: Senators Tidemann, Brown, Haverly, Heineman, Juhnke, Olson (Russell), and Rhoden and Representatives Hansen (Jon), Blake, Brunner, Deelstra, Dryden, Fargen, Haggar, Hawley, Hickey, Hunhoff (Bernie), Munsterman, Perry, Stricherz, Turbiville, Wick, Wink, and Wismer

    FOR AN ACT ENTITLED, An Act to require public school students in grade eleven to take certain assessments.

    Was read the first time and referred to the Committee on Education.

    SB 165 Introduced by: Senators Juhnke, Bradford, Brown, Maher, and Rhoden and Representatives Brunner, Cronin, Schaefer, Vanneman, and Wink

    FOR AN ACT ENTITLED, An Act to revise certain provisions related to the distribution of funds to sparse school districts.

    Was read the first time and referred to the Committee on Education.

    SB 166 Introduced by: Senators Vehle, Brown, Frerichs, Fryslie, Maher, Olson (Russell), and Tieszen and Representatives Munsterman, Boomgarden, Magstadt, Rozum, and Sigdestad

    FOR AN ACT ENTITLED, An Act to require evidence of financial responsibility at the time of vehicle registration, to provide for a motor vehicle insurance data base, and to provide for the administration thereof.

    Was read the first time and referred to the Committee on Transportation.

    SB 167 Introduced by: Senators Gray, Heineman, Juhnke, and Maher and Representatives Kirkeby, Abdallah, Gibson, and Solum

    FOR AN ACT ENTITLED, An Act to increase the amount that may be played on a video lottery machine game.

    Was read the first time and referred to the Committee on State Affairs.

    SB 168 Introduced by: The Committee on State Affairs at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to revise the terms and expiration dates of appointees to certain boards and commissions.

    Was read the first time and referred to the Committee on State Affairs.

    SB 169 Introduced by: Senators Hansen (Tom), Begalka, Frerichs, Krebs, Novstrup (Al), and Peters and Representatives Street, Greenfield, Rozum, Sigdestad, and Tulson

    FOR AN ACT ENTITLED, An Act to create certain watershed districts.

    Was read the first time and referred to the Committee on Agriculture and Natural Resources.

    SB 170 Introduced by: Senators Frerichs, Buhl, Maher, and Vehle and Representatives Brunner, Fargen, Kloucek, Munsterman, Nelson (Stace), Schrempp, and Street

    FOR AN ACT ENTITLED, An Act to reduce contractor's excise tax rate on new or expanded power production.

    Was read the first time and referred to the Committee on State Affairs.

    SB 171 Introduced by: Senators Frerichs, Krebs, Nygaard, and Schlekeway and Representatives Hawley, Hickey, Sigdestad, and Solum

    FOR AN ACT ENTITLED, An Act to revise voter qualifications for sanitary districts.

    Was read the first time and referred to the Committee on Local Government.

    SB 172 Introduced by: Senator Tieszen and Representative Hansen (Jon)

    FOR AN ACT ENTITLED, An Act to toll any conviction for operation of a boat while under the influence when calculating the number of offenses for enhancement of a driving under the influence charge.

    Was read the first time and referred to the Committee on Judiciary.

    SB 173 Introduced by: Senators Adelstein and Nelson (Tom) and Representatives Kirkeby, Boomgarden, and Fargen

    FOR AN ACT ENTITLED, An Act to provide provisions allowing for the practice of medical-aesthetic services by trained professionals, to provide registration and oversight of such providers, and to provide a penalty therefor.

    Was read the first time and referred to the Committee on Health and Human Services.

    SB 174 Introduced by: Senators Brown, Bradford, Frerichs, Hansen (Tom), Heineman, Juhnke, Olson (Russell), Peters, Putnam, Schlekeway, Tidemann, Tieszen, and Vehle and Representatives Cronin, Abdallah, Gibson, Hunhoff (Bernie), Rozum, and White

    FOR AN ACT ENTITLED, An Act to increase the 911 emergency surcharge, to revise the collection and distribution of the surcharge revenue, to provide for point of sale collection of the prepaid wireless 911 emergency surcharge, and to provide funding for the upgrade of 911 emergency services.

    Was read the first time and referred to the Committee on State Affairs.

    SB 175 Introduced by: Senators Gray, Haverly, and Heineman and Representatives Abdallah and Kirkeby

    FOR AN ACT ENTITLED, An Act to increase the number of video lottery machines that may be placed in a licensed establishment.

    Was read the first time and referred to the Committee on State Affairs.

    SB 176 Introduced by: The Committee on Health and Human Services at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to establish a program to assist rural health care facilities in recruiting certain health care professionals and to repeal certain provisions regarding recruitment incentive payments for health care professionals.

    Was read the first time and referred to the Committee on Health and Human Services.

    SB 177 Introduced by: The Committee on Health and Human Services at the request of the Office of the Governor

    FOR AN ACT ENTITLED, An Act to establish a program to assist rural communities to recruit certain health care professionals and to repeal certain provisions regarding the physician and the dentist tuition reimbursement programs.

    Was read the first time and referred to the Committee on Health and Human Services.


FIRST READING OF HOUSE BILLS AND JOINT RESOLUTIONS

    HB 1007: FOR AN ACT ENTITLED, An Act to repeal certain outdated and obsolete statutes regarding the Department of Education.

    Was read the first time and referred to the Committee on Education.

    HB 1028: FOR AN ACT ENTITLED, An Act to revise certain provisions relating to state employees and to the administration of state personnel matters.

    Was read the first time and referred to the Committee on State Affairs.

    HB 1034: FOR AN ACT ENTITLED, An Act to revise the circumstances under which alterations may be made to certain insurance applications.

    Was read the first time and referred to the Committee on Commerce and Energy.

    HB 1049: FOR AN ACT ENTITLED, An Act to add certain definitions regarding the Department of the Military.

    Was read the first time and referred to the Committee on State Affairs.

    HB 1056: FOR AN ACT ENTITLED, An Act to revise certain provisions of the South Dakota Business Corporations Act regarding the issuance of shares and cumulative voting for directors.

    Was read the first time and referred to the Committee on State Affairs.

    HB 1058: FOR AN ACT ENTITLED, An Act to revise certain record search fees charged by clerks of court.

    Was read the first time and referred to the Committee on State Affairs.

    HB 1060: FOR AN ACT ENTITLED, An Act to permit a probationer who is a registered sex offender to reside in an assigned halfway house or supervised living center within a community safety zone.

    Was read the first time and referred to the Committee on Judiciary.

    HB 1061: FOR AN ACT ENTITLED, An Act to amend certain provisions related to interpreter services in the court system.

    Was read the first time and referred to the Committee on Judiciary.

    HB 1062: FOR AN ACT ENTITLED, An Act to clarify the supporting documentation necessary for a request to implement the standard visitation guidelines.

    Was read the first time and referred to the Committee on Judiciary.

    HB 1069: FOR AN ACT ENTITLED, An Act to increase the amount of income and principal of a perpetual fund used to maintain a cemetery.

    Was read the first time and referred to the Committee on Local Government.

    HJR 1001: A JOINT RESOLUTION, Proposing and submitting to the electors at the next general election an amendment to Article XVII of the Constitution of the State of South Dakota, relating to corporations.

    Was read the first time and referred to the Committee on State Affairs.

    HJR 1002: A JOINT RESOLUTION, To propose a constitutional amendment to repeal certain reimbursement restrictions for travel by legislators to and from a legislative session.

    Was read the first time and referred to the Committee on State Affairs.

SECOND READING OF CONSENT CALENDAR ITEMS

    SB 39: FOR AN ACT ENTITLED, An Act to expand the definition of victim for the purposes of certain written victim impact statements.

    Was read the second time.

    The question being "Shall SB 39 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Lederman; Nygaard

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    SB 41: FOR AN ACT ENTITLED, An Act to authorize retailers to choose whether to submit pseudoephedrine purchase records electronically or in writing.

    Was read the second time.

    The question being "Shall SB 41 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Lederman; Nygaard

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

SECOND READING OF SENATE BILLS AND JOINT RESOLUTIONS

    SB 16: FOR AN ACT ENTITLED, An Act to define a final stage manufacturer dealer and to provide for licensing of final stage manufacturer dealers.

    Was read the second time.

    The question being "Shall SB 16 pass?"

    And the roll being called:


    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Lederman; Nygaard

    So the bill having received an affirmative vote of a two-thirds majority of the members-elect, the President declared the bill passed and the title was agreed to.

    SB 17: FOR AN ACT ENTITLED, An Act to require certain fuel tax returns and reports to be filed by electronic means and to require certain fuel taxes to be remitted by electronic transfer.

    Was read the second time.

    The question being "Shall SB 17 pass?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Lederman; Nygaard

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    SB 30: FOR AN ACT ENTITLED, An Act to allow for the establishment of an alternative benefit enhancement methodology within the South Dakota Retirement System.

    Was read the second time.

30md

    Sen. Brown moved that SB 30 be amended as follows:

    On page 1, line 6, of the printed bill, delete "establish" and insert "develop".

    On page 1, line 7, delete everything after "." and insert "The funding and operational provisions related to the alternative benefit enhancement methodology shall be submitted for legislative approval prior to implementation."

    On page 1, delete lines 8 to 12, inclusive.

    Which motion prevailed.

    The question being "Shall SB 30 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Lederman; Nygaard

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed.

    The question being on the title.

30mta

    Sen. Brown moved that the title to SB 30 be amended as follows:

    On page 1, line 1, of the printed bill, delete "establishment" and insert "development".

    Which motion prevailed.

    SB 20: FOR AN ACT ENTITLED, An Act to allow returns and return information to be disclosed to officers, employees, and legal representatives of the Office of the Attorney General and other state agencies and departments.

    Was read the second time.

    The question being "Shall SB 20 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Lederman; Nygaard

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    SB 15: FOR AN ACT ENTITLED, An Act to revise certain provisions related to the treatment of persons with mental illness, including consent to treatment.

    Was read the second time.

    The question being "Shall SB 15 pass as amended?"

    And the roll being called:

    Yeas 33, Nays 0, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Buhl; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Maher; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Rhoden; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Excused:
Lederman; Nygaard

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    SB 43: FOR AN ACT ENTITLED, An Act to criminalize the failure to report the death or disappearance of a child within a specified time by certain persons responsible for the care of the child.


    Was read the second time.

    The question being "Shall SB 43 pass?"

    And the roll being called:

    Yeas 30, Nays 3, Excused 2, Absent 0

    Yeas:
Adelstein; Begalka; Bradford; Brown; Cutler; Frerichs; Fryslie; Gray; Hansen (Tom); Haverly; Heineman; Holien; Hundstad; Hunhoff (Jean); Johnston; Juhnke; Kraus; Krebs; Nelson (Tom); Novstrup (Al); Olson (Russell); Peters; Putnam; Rampelberg; Rave; Schlekeway; Sutton; Tidemann; Tieszen; Vehle

    Nays:
Buhl; Maher; Rhoden

    Excused:
Lederman; Nygaard

    So the bill having received an affirmative vote of a majority of the members-elect, the President declared the bill passed and the title was agreed to.

    Sen. Haverly moved that the Senate do now adjourn, which motion prevailed and at 2:55 p.m. the Senate adjourned.

Fee Jacobsen, Secretary